Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies (...) the “hate” in hate speech with the “hate” in hate crime. In contesting Dworkin, Waldron fails to contend with the necessarily entangled criminalisation of manner and viewpoint entailed in hate speech bans. By failing to grapple with the way in which every linguistic sign is constituted by both manner and viewpoint, Waldron sidesteps the ways in which hate speech bans undermine political legitimacy within liberal democracies. (shrink)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...) British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

This essay considers the relation between Don Quixote's hunger and the disenchantment (Entzauberung) that Max Weber understood as paradigmatic of the modern condition. Whereas hunger functions within a Hegelian dialectic of desire in Cervantes' novel, literary representations of hunger from later periods (in Kafka and post-Holocaust Polish poetry) acknowledge the cosmic insignificance of human need by substituting the desire for recognition with a desire for self-abdication. While Don Quixote's hunger drives him to seek recognition for his dream world, modern literature's (...) hungry heroes respond to hunger by changing their metaphysical identities. Like desire, hunger functions in the literatures of modernity as an index of psychic wholeness or of its lack, both enabling and resisting the hero's assimilation with the world outside the self. (shrink)

Hegel was ambivalent about Dutch genre painting’s uncanny ability to find beauty in daily life. The philosopher regarded the Dutch painterly aesthetic as Romanticism avant la lettre, and classifies it as such in his Lectures on Aesthetics, under the section entitled “Die romantischen Künste [The Romantic arts].”1 Dutch art, in Hegel’s reading, is marred by many shortcomings. The most prominent among these are the “subjective stubbornness [subjective Beschlossenheit]” that prevents this art from attaining to the “free and ideal forms of (...) expression” that marked the productions of Italian artists such as Raphael. In contradistinction to their Italian counterparts, Dutch artists in Hegel’s view are apt to. (shrink)

This essay examines Giambattista Vico’s philology as a contribution to democratic legitimacy. I outline three steps in Vico’s account of the historical and political development of philological knowledge. First, his merger of philosophy and philology, and the effects of that merge on the relative claims of reason and authority. Second, his use of antiquarian knowledge to supersede historicist accounts of change in time and to position the plebian social class as the true arbiters of language. Third, his understanding of philological (...) knowledge as an instrument of political change, and a foundational element in the establishment of democracy. By treating the philological imagination as a tool for bringing about political change, Vico’s plebian philology is radically democratic, and a crucial instrument in the struggle against the elite, from antiquity to the present. -/- . (shrink)

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

Building on the multivalent meanings of the Arabo- Persian tarjama (‘to interpret’, ‘to translate’, ‘to narrate’), this essay argues for the relevance of Qur’ānic inimitability (i'jāz) to contemporary translation theory. I examine how the translation of Arabic rhetorical theory ('ilm al-balāgha) into Persian inaugurated new trends within the study of literary meaning. Finally, I show how Islamic aesthetics conceptualizes the translatability of literary texts along lines kindred to Walter Benjamin. -/- .

(Awarded the International Society for Intellectual History’s Charles Schmitt Prize) Mīrzā Fatḥ 'Alī Ākhūndzāda’s Letters from Prince Kamāl al-Dawla to the Prince Jalāl al-Dawla (1865) is often read as a Persian attempt to introduce European Enlightenment political thought to modern Iranian society. This essay frames Ākhūndzāda’s text within a broader intellectual tradition. I read Ākhūndzāda as a radical reformer whose intellectual ambition were shaped by prior Persian and Arabic endeavors to map the diversity of religious belief and to critically assess (...) the limits of religion. That Ākhūndzāda’s critique of religion reached further than that of his predecessors is due in part to the influence of the European Enlightenment, but Ākhūndzāda’s form of critical reasoning was also substantially shaped by prior early modern intellectual genealogies. -/- . (shrink)

This essay uses Arnaldo Momigliano's genealogy of antiquarianism and historiography to propose a new method for engaging the past. Momigliano traced antiquarianism from its advent in ancient Greece and later growth in Rome to its early modern efflorescence, its usurpation by history, and its transformation into anthropology and sociology in late modernity. Antiquarianism performed for Momigliano the work of excavating past archives while infusing historiographical inquiry with a much-needed dose of contingency. This essay aims to advance our understanding of the (...) mutual imbrications of antiquarian methods with modern conceptions of history, while also suggesting how antiquarianism can generate alternatives to historical inquiry. (shrink)

This paper discusses the diverse forms of contemporary Islam practised by the Kists, inhabitants of Georgia's Pankisi Gorge related to the Chechens. The newest wave of Salafi-inspired Islam among the young generation of Chechens, mostly men who have fought in the Chechen-Russian war, is aesthetically marked by a distinctive style of minaret and by a more public adhān than Pankisi has hitherto known. The reactions of local Kists to the aesthetics and morality of the new Islam, and the distinctions between (...) Salafi, Wahhabi, and Pankisi Islam are explored. It is argued that the new Islam is not as foreign to the Caucasus as scholarship tends to suggest. Ethnographies of minarets and headstones are followed by an exploration of reactions to Soviet secularism in the historiography of Chechen Islam. Positioning itself within recent scholarship aiming to overcome the constraints imposed by secular forms of knowledge in the study of Islamic societies, the paper seeks to locate the unique modes of Kist belief within the framework of a comparative, post-secular anthropology of Islam. (shrink)